Missouri Injury Law Blog

The trend toward the use of social media has permeated every aspect of our lives. The legal system seems to be following this trend. Defense attorneys have been successful in presenting social media posts and pictures as evidence in personal injury cases. They are using social media as a source of discovery.

Insurance adjustors and defense attorneys regularly search through information on social media websites. They are hoping to find evidence that will go against the opposing party's claim of injury. Personal injury attorneys are currently advising their clients to cancel their social media accounts. Apparently, setting their social media posts to private is not enough to keep their privacy intact. In fact, if a personal injury client posts anything to do with an accident on a social media website, it can be treated as evidence in court.

In the Pennsylvania case of Zimmerman v. Weis Markets Inc., the judge ordered the plaintiff to provide the court with the login information for his social media account. The court reasoned that since the public portions of his Facebook and MySpace accounts showed evidence of his injury, a discovery of the remaining private postings were likely to contain similar information. The court made this decision because the man had profile pictures of himself on Facebook and MySpace. In one of the pictures, he is shown wearing shorts that happened to expose a scar from his accident.

In the New York case of Romano v. Steelcase Inc., a judge entitled defense attorneys access to the private MySpace and Facebook pages of a plaintiff who claimed to be confined to her home because of her injuries. The profile picture on one of her social media accounts depicted her standing outdoors. The court decided that because the public portions of her social networking accounts contained evidence that was contradictory to her claims, the private portions of her accounts would likely yield additional contradictory evidence. The profile picture could have been months or years before the accident. The defense pushed the idea that the woman maintained an active lifestyle, and she was not seriously injured.

Personal injury lawyers are concerned about the recent court rulings. Old pictures and statements can be misunderstood as current or relevant to a court case. Even if someone were to remove a picture from their social media account, it can still be used against them in court. Clients should understand that defense attorneys will stop at nothing in order to defeat personal injury claims. Even when the pictures fail to prove a claimant has been dishonest about their injuries, they can still be used in an attempt to mar their character.

Information from social media sites can cause juries to make value judgments on plaintiffs. For instance, a picture that shows a plaintiff drinking and partying is a common tactic to sway a jury. Once the jury sees the picture, they tend to award the plaintiff less money. Due to the public profiles of many of their clients, Los Angeles personal injury attorney's have long been cognizant of the risks of poor public exposure during trial. While this isn't news for any personal injury attorney, the proliferation of social media information has increased the risk of accidental self-incrimination (or apparent incrimination).

Although the law is still evolving in this area, making any public communication about health or injuries is a mistake when proceeding with a personal injury claim. The information gleaned from social media websites can cause substantial harm to a claimant's credibility; ultimately, it can cause them to lose their case. Until the laws surrounding personal injury and social media are clearly defined, victims of personal injury should remove their social media accounts before filing a claim for compensation.

Related Blog:

Social Media Can Play Important Role in Missouri Personal Injury Cases

Appropriate Steps if You are Injured on the Job

Millions of people are injured while performing work-related duties each year. If you become one of them, there are certain steps that you need to take to ensure that your rights are protected should you need to file a personal injury claim or apply for Worker's Compensation benefits. Though specific requirements will vary by state, there are four important steps to take if you are injured on the job (for work comp and personal injury claims) or performing work-related duties:

Get Medical Treatment

See St Louis Injury Lawyer blog article, Choice of Doctor Under Missouri Workers' Compensation. The first thing you should do is tend to your injury, especially if it is severe. Apply first aid on the scene, if necessary, then see a doctor. If your injuries are severe, see a doctor immediately. Even if your injuries seem minor, you should protect yourself by getting an independent evaluation by a qualified physician. Be sure to tell the doctor that your injury was sustained on the job, and remind him or her of this fact on follow-up visits if they are required. Your employer may also require that you visit an approved physician. If this is the case, be sure to make an appointment with one of these physicians and bring your medical records if necessary.

Report Your Injury

It is always best to tell your supervisor about your work-related injury as soon as possible. Communicate the details of the injury in person, preferably immediately following the injury, then follow up with a written report. If you have to file a claim later, a written document will provide proof that you notified your supervisor. No such proof is available if you have only make a verbal report, and your supervisor could deny your claim. State laws require that you report your injury within a certain time frame in order to qualify for compensation or other claims. A typical time frame is 30 days, but some allow a longer time period. The sooner you report your injury, the better.

Talk to an Attorney

A personal injury attorney can advise you about whether your injury entitles you to compensation or other claims. An attorney can also ensure that your rights are protected and can advise you on how to proceed with discussions with your employer, making decisions about continued working conditions, arranging for medical care, and more. If you have to file a Worker's Compensation claim or other legal claim, an attorney can assist you.

Keep Records

Be sure that you document all the circumstances surrounding your injury: all visits for medical treatment, discussions with your supervisor, discussions with your attorney, claims filed and so on. Maintaining proper records can provide proof for your claim and ensure that you are not denied any benefits based on technicalities.

Of course, a qualified personal injury attorney is your best resource if you are ever injured on the job. Set up a consultation immediately if you are injured for tailored advice on how to proceed with getting treatment, communicating with your supervisor, and filing any necessary claims.

Amanda Tradwick is a grant researcher and writer for CollegeGrants.org. She has a bachelor's degrees from the University of Delaware, and has recently finished research on teaching grants and student grants in maine.

Post by Guest Author not affiliated with St Louis law firm, Sansone / Lauber, we do not recommend ever pursuing a personal injury action without a good personal injury lawyer in your corner.

Filing a personal injury lawsuit may seem like an overwhelming task, and you likely have many questions running through your head. What type of evidence do I need to provide? What kind of records should I take? How soon after the accident do I need to file lawsuit with an accident attorney?

Don't worry, my friends. We've got you covered. Here are some of the top tips that can help you when filing a personal injury lawsuit: (None of which substitute for hiring a good personal injury lawyer)

Know your state laws - Contact an attorney or research your state's laws before filing a lawsuit. Each state has different rules and some are even "no fault" states, which means you can only file for what the law defines as serious injuries.

Know the statute of limitations - Perhaps the accident happened a few months ago, but you're just feeling the injuries? The good news is, you likely still have time to file. Each state has its own statute of limitations that determines how soon you need to file. Some are as long as five years, while others give you just a year. If you don't file within that time limit, your case will be thrown out.

Learn about damages - Spend time learning about what things are considered damages in your case. Most states allow you to be reimbursed for not only medical expenses and lost wages, but also things like pain and suffering, loss of companionship, and emotional distress.

Understand what YOU need to do - To get a settlement from a personal injury case, you (and your lawyer) need to prove the other party was negligent and those actions are what led to your injury.

Gather as much information as possible - If there were witnesses on the scene, talk to them. Find out what they saw and if they have any additional details that would help your case. If you took photos of the scene (including any damage and photos of the road) collect those and use them as evidence.

Keep great records - Every time you get a medical bill, prescription refill receipt, or have to miss work because of your injury, be sure to save the documentation to use as proof of damages. Remember, the more evidence, the better.

Get everything in writing - You'll have the best chance of getting the settlement you deserve by getting all evidence in writing, so be sure to gather as much as you can into a clear, concise file. Examples include: All medical bills, witness testimonials, and a journal of your symptoms and general well being since the accident.

Hopefully, this gives you a good start to knowing what's important when filing a personal injury lawsuit. Keeping in mind the above tips and finding a good lawyer can go a long way toward helping you get the settlement you deserve.

Continue reading "Filing a Personal Injury Lawsuit? 7 Tips to Help You Out" »

By Guest Author, Judy Leeson.

Premises liability injuries can happen almost anywhere. From broken staircases that were never repaired to unmarked slippery floors, hazardous situations that result in personal injury are the responsibility of the property owner.

Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving the problem in a reasonable amount of time. If property owners do not provide sufficient warnings or take care of hazards on their property, their negligence can result in a visitor's injury.

However, the property owner is not always willing to admit to their negligence, in which case a personal injury lawyer is needed to represent the rights of the victim.

Defining a Premises Liability Claim

A premises liability claim is a civil lawsuit in which the victim of a personal injury may file against the owner of the property where the accident occurred. However, as property owners cannot be held responsible for every loss suffered on the property, negligence of the property owner is usually a key factor in the claim.
In order to prove negligence, the injured victim must show that the property owner knew about the hazardous condition that caused the accident and did not take action to fix the problem. For example, the property owner may have failed to repair a broken step or label a slippery floor. A premises liability injury may also be caused by criminal activity that was left undetected due to insufficient security on the premises.

Types of Injuries

There are many different types of injuries that a victim of a premises liability accident may suffer. These include:

Broken Bones: A slip-and-fall accident may result in a broken arm, leg, shoulder, or hand. Elderly victims who slip and fall often suffer hip fractures that cause permanent damage.

Bumps and Bruises: These minor types of injuries are common in slip-and-fall accidents. While they may not require medical attention or civil litigation, victims should still consult with a medical professional to ensure that the injuries aren't serious.

Head Injuries: A head injury from an accident can possibly cause a fractured skull or a traumatic brain injury, which can result in symptoms such as headaches, blurred vision, and even a permanent loss in physical or mental ability.

Lacerations: Lacerations may result from an accident involving a sharp object lying on the ground in a frequented area. These injuries usually need medical treatment and may sometimes require surgery.

Spinal Damage: The spine and spinal cord can be damaged in an accident that causes the victim to twist or strain the spine or neck. Such injuries may cause severe back pain or even paralysis

Sprained Wrists and Ankles: A fall caused by uneven flooring or a broken step may easily result in a sprained wrist or ankle, such as when a victim tries to catch themselves from falling.

Compensation

The compensation that a victim can receive from a premises liability claim depends on the extent of their injuries. Losses to be considered in a civil lawsuit may include hospital bills, prescription drug costs, therapy fees, lost wages, and suffering related to the accident. Working with an experienced premises liability attorney can speed up the process toward receiving compensation.

Judy Leeson has been a practicing lawyer for 12 years and also owns the site Law Degrees. She writes various articles related to the legal system.

Guest Author, not affiliated with St Louis Personal Injury law firm, Sansone / Lauber.

You might think that the difference between these two types of claims is pretty obvious: one involves accident or injury in the workplace while the other involves incidents outside of your place of employment, such as a car accident or or DWI wrongful death, just to name a few. But it's actually a little more complicated than that. After all, you can experience a personal injury in the workplace that may not be covered by workers comp and you might also have an accident, injury, or illness outside the workplace that is covered. And there can be times when it seems like the two types of claims overlap. While you may have to seek the services of a qualified attorney to find out exactly how to go about filing your claim, since all cases are different, here are just a few of the major differences that you should be aware of.

First of all, workers compensation claims apply to you only if you are hurt on the job. However, this doesn't necessarily mean that you have to be at your place of employment when an injury or accident occurs. You may be running errands on the clock or engaged in travel for work. You could be at a work site. If you are involved in actions for your employer, you can try to claim workers comp, even if fault cannot be determined or if the incident was your own fault. Of course, there are some instances in which claims may be denied, but if your employer provides workers compensation, you have no grounds for filing a personal injury claim.

Personal injury claims, on the other hand, are generally filed in response to accident or injury that is the result of negligence or direct actions by others, and the person filing the claim has the onus to prove fault by others. Although this type of claim can be filed against an employer, it is usually preferable to file a worker's compensation claim first, since most companies are willing to offer workers comp in order to avoid a personal injury lawsuit. The reasons are multiple.

For one thing, workers comp has strict limits on coverage. It will cover medical expenses (often including physical therapy), retraining, and disability. Personal injury claims, on the other hand, have no limits on the type or amount of compensation the claimant may receive. Further, workers comp claims are decided by an impartial group or board members known as the Workers Compensation Board when the employer and employ cannot agree on compensation. Personal injury cases go before a jury, which may be easily swayed by a wronged claimant. So it's easy to see why most employers prefer the due process of worker's comp to the unknown outcome of personal injury lawsuits.
If a personal injury claim is filed, it could end up costing an employer a lot more money, since the goal of personal injury law is to make the injured party "whole", which could include punitive damages for pain and suffering, an area of compensation that is hard to define and therefore, could carry a hefty price tag. The truth is, you'll have to decide which type of claim is best suited to your case. But remember that a personal injury case could result in zero compensation, so if your employer offers workers compensation, you should consider taking it.

ABOUT THE GUEST AUTHOR: Carol Montrose is a contributing writer for the Maryland Accident Lawyer Group at Price Benowitz LLP. The firm has offices in Washington, DC, Maryland, Virginia, and New York and handles DUI, criminal, immigration, personal injury, and disability cases.

Guest Post by Anne Roberts.

California is notorious for the high rates of car crashes. More frequently, news reports regarding these incidents reach the awareness of the public and statistics shows that a car crash occurs every 10 seconds at the United States.

Although the numbers are high, few people knew the right way in dealing with these kinds of accidents. They forget that every case starts from the occurrence of the accident and that it is crucial to seek the assistance of the local Los Angeles car accident attorneys which would help them all throughout the litigation process.

Let's face it - court trials or litigations are hassles. It makes use of a lot of time and without the assistance of someone knowledgeable in California Traffic Laws, there would be less probability in winning the case. There are a lot of lawyers specializing in personal injury cases, under which the category car accidents fall upon. The following outline shall act as an umbrella in further defining car accident cases.

Negligence

A lot of personal injury cases which involves road mishaps are founded on proving negligence. In order to create a sound complaint there must be solid ground for negligence. This means that the accident happened because the one being complained has acted haphazardly, thus injuring the other party.

Personal Injury

Personal Injury is defined as damages done to one's mind, feelings or body. These include damages done to someone involved in a road mishaps and other accidents such as minor injuries like wounds, bruises or lacerations and the more serious ones that resulted from the impact such as spinal or brain injuries. These are more frightening since they may be left undetected for some time and lead to permanent disability, therefore the client should be able to prevent this and compensate for future medications which will be pointed out by the Los Angeles car accident attorneys.

During the litigation process the two parties involved would be divided in the following:

Plaintiff

The complainant or the plaintiff would be the one to file for a petition against the alleged negligent party.

Defendant

This party accused of the crime that was committed, wherein a formal charge in court was filed.

Importance and Advantages of Hiring Car Accident Lawyer

As stated beforehand, it is advisable to find someone specializing at personal injury cases to have better chances of winning the case. An attorney would help in formulating a sound claim upon the filling of the complaint which strengthens the case being fought. Moreover, insurance companies are oftentimes tricky in order to flee from the responsibility of paying the claims; this shall be countered by the hired counsel. Many firms offer a lot of services which exceeds the responsibilities expected of a counsel; this may include even gathering witnesses or evidences for the case. Some may even have the "No Win, No fee" policy where they would not get any payment if the case is not won over. On the other hand a third or 40 percent of the "damages award" - or the grants given to the winning party shall be the standard commission of these firms in some parts of United States.

Guest Post:

Perhaps there are some lawyers who have put you off by being ambulance chasers, but not all personal injury lawyers are sharks waiting to prey on the wounded and injured. In fact, many of them have well established and reputable practices and are dedicated to ensuring that personal injury victims get what's due to them. If you or a loved one has been injured in an accident and suffered immensely, money may not be the first thing on your mind especially if lives have been lost. But life goes on, you will need money for medical expenses, and you're definitely entitled to compensation for mental anguish and physical pain, not to mention the loss of a quality life and having to deal with chronic pain and permanent disabilities. See St Louis Injury Lawyer Ben Sansone's Article - Do I need to Hire a Personal Injury Lawyer.

When you talk to a personal injury lawyer, you gain the following advantages:

• A free consultation that can help you decide if your case stands a chance in a court of law - you may have suffered only minor injuries, but the shock of the accident or the sheer negligence and willful recklessness of the perpetrator could be cited as reasons for nominal and punitive damages respectively. Your personal injury lawyer can advice of your options - whether to go in for a mediation with the other party or if you should take your case to court, and how much money you stand to gain based on the facts of the case.

• A personal injury lawyer could tell you if your case will be accepted as a personal injury - motor accidents, long-term negligence at work causing life-threatening and chronic diseases, safety violations in the work place or in public areas, and even mental and emotional abuse that leads to depression and other illnesses qualify as personal injury, and your lawyer is best placed to tell you if you have a case on your hands or not.

• You know what you need to preserve as evidence and the chances of destroying valuable evidence accidentally or negligently come down. In a personal injury case, it's also important to collect the testimony of witnesses - bystanders or other vehicle drivers must be interviewed in cases of motor accidents, your fellow employees will be questioned for work-place related cases, and so on. The sooner you talk to a lawyer, the more evidence you can collect, and the stronger your case.

• Most personal injury lawyers work on a contingency basis - they don't charge you a fee at the outset; instead, they retain a percentage of the damages awarded. If you lose the case, you may have to pay a nominal amount to cover the costs of your case. Talk to your lawyer and discuss the details at the outset, and get an agreement that is signed and sealed regarding payment and fees.

• Some lawyers may even advance you some money (this is unethical in for a Missouri Injury lawyer to do this personally, but they can refer you to case advance companies.) for medical expenses, but be careful before you take up such offers and do your homework and read the fine print before you take home this money or sign any document related to the same.

The sooner you consult with a personal injury lawyer, the better your chances are of winning your case in court or settling out of court with the other party on a sum that is beneficial to you. Also, there is a statute of limitations on personal injury cases, so the sooner you see a lawyer, the lower your chances are of running afoul of the statute and losing your chances of any compensation. So if you or a loved one has been injured in any way and you think you may have a personal injury case, call a lawyer now for a free consultation - choose your attorney based on their reputation, their experience, and the recommendations from satisfied clients.

This guest post is contributed by Chris Jacobson who writes on the topic of Criminal Justice Degrees . Chris can be reached at his email id: chris.jacobson7@gmail.com